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Superior Services, Inc. v. Universal Warranty Corp.

United States District Court, D. Nebraska

August 12, 2016

SUPERIOR SERVICES, INC.., Plaintiff,
v.
UNIVERSAL WARRANTY CORP. and ALLY INSURANCE HOLDINGS INC., Defendants. ACI DEVELOPMENT CORPORATION, Plaintiff,
v.
UNIVERSAL WARRANTY CORP., MIC GENERAL INSURANCE CORP. and ALLY INSURANCE HOLDINGS, INC., Defendants. M.S.E. DISTRIBUTING, INC., Plaintiff,
v.
UNIVERSAL WARRANTY CORP. and ALLY INSURANCE HOLDINGS INC., Defendants. THOMAS HANLON, D/b/a DEALER DIRECT, Plaintiff,
v.
UNIVERSAL WARRANTY CORP. and ALLY INSURANCE HOLDINGS INC., Defendants. AUTOMOTIVE DEVELOPMENT SERVICES, INC., Plaintiff,
v.
UNIVERSAL WARRANTY CORP. and ALLY INSURANCE HOLDINGS INC., Defendants.

          Matthew V. Bartle, MO #40903 (admitted pro hac vice) David L. Marcus, MO #47846 (admitted pro hac vice) BARTLE & MARCUS LLC and Jeffry D. Patterson, NE #20761 Attorneys for Plaintiffs

          Steven D. Davidson, #18684 Nicholas K. Rudman, #25182 BAIRD HOLM LLP Attorneys for Defendants

          PROTECTIVE ORDER

          Thomas D. Thalken United States Magistrate Judge.

         1. APPLICATION.

         This Protective order limits the use or disclosure of documents, deposition testimony, or other discovery designated as “Confidential” or "Confidential - Attorneys Eyes Only" and it applies to: (a) documents, deposition testimony and electronic data designated to be subject to this Protective Order as set forth below; (b) information, copies, extracts, and complete or partial summaries of documents, deposition testimony and electronic data so designated; (c) answers to interrogatories, responses to requests for admissions, responses to requests for production, and initial disclosures (and exhibits to any of these materials) which are designated by any party as “Confidential” or "Confidential - Attorneys Eyes Only" under this order; and (d) portions of briefs, affidavits, memoranda, or any other writing filed with the Court (and exhibits thereto) which include any materials or information identified in (a), (b), or (c) of this paragraph.

         2. CONFIDENTIAL DOCUMENTS.

         A party producing documents or electronic data in discovery may stamp as “Confidential” or so designate by written notice with reference to the applicable Bates numbers, any document, disc or other media which in good faith it believes contains confidential or proprietary personal or business information and/or trade secrets. A party producing documents or electronic data in discovery may stamp as “Confidential - Attorneys Eyes Only” or so designate by written notice with reference to the applicable Bates numbers, any document, disc or other media which in good faith it believes in good faith contains confidential or proprietary personal or business information and/or trade secrets that would present a significant risk of substantial harm if disclosed to the receiving party. In the event a producing party designates a document as “Confidential - Attorneys Eyes Only, ” then concurrently with the production of the document so marked, the producing party shall produce a redacted version of the document that may be disclosed to the receiving party. A party which has produced documents prior to the entry of this Order may, within ten days of the entry of this Order, inform the party to whom documents were produced that certain documents (identified by Bates numbers) already produced are designated as “Confidential” or "Confidential - Attorneys Eyes Only." Further dissemination and disclosure of documents designated as “Confidential” or "Confidential - Attorneys Eyes Only" and the information in documents so designated shall be limited as set forth in this Protective Order.

         3. DEPOSITION TRANSCRIPTS.

         Any party may designate as “Confidential” or "Confidential - Attorneys Eyes Only" any portion of deposition testimony which in good faith it believes meets the requirements of “Confidential” or Confidential - Attorneys Eyes Only” as described in ¶ 2 of this Order. The party shall so designate the portions of the deposition transcript either at the time of the deposition or within thirty (30) days following that party’s counsel’s receipt of the transcript of the deposition from the reporter. Each reporter participating in any such deposition shall be informed about and provided with a copy of this Protective order and shall agree to be bound by its terms. Each such reporter shall designate the portions of deposition transcripts designated as “Confidential” or "Confidential - Attorneys Eyes Only" with the legend “Confidential-Designated by Counsel” or "Confidential - Attorneys Eyes Only - Designated by Counsel."

         4. EFFECT OF CONFIDENTIAL DESIGNATION.

         Documents or electronic data designated “Confidential” and deposition testimony so designated will be retained by counsel and will not be used by counsel or by any party for any purpose other than this litigation, and will not be disclosed except pursuant to court order entered after notice, to anyone except:

a. Counsel who have signed this Order approving it as to form and content, attorneys who are affiliated with the law firms of counsel who have signed this Order, retained outside counsel, in-house counsel, law clerks, secretaries or paralegals directly involved in the conduct of this litigation;
b. Individual parties and officers, directors, employees and agents of corporate parties;
c. Experts and consultants retained by either of the parties for purposes of assisting in the preparation or presentation of claims or defenses, but only to the extent reasonably necessary to prepare them to testify or when reasonably necessary during their testimony;
d. Any deposition or trial witness, during the course of deposition or trial testimony, when necessary to the ...

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